DONTWASTEMONEY.CO.UK

TERMS AND CONDITIONS OF THE ENERGY TARIFF AUTO-SWITCHING SERVICE

  1. Introduction
    • These are the terms and conditions on which we will supply our services to you, and if you choose to use the services we provide, you will be treated as having agreed to these terms and to be legally bound by them.
    • These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, have any queries, or if there is something that doesn’t make sense, please contact us to discuss.
  2. Information about us and how to contact us
    • We are The Energy Comparison Service Limited a company registered in England and Wales. Our company registration number is 09781679 and our registered office is at 47 Kenyon Street, Birmingham B3 1UR. We also trade under the name “Don’t Waste Money” through our website located at dontwastemoney.co.uk.
    • You can contact us by telephoning our customer service team on 0121 827 7961 or by writing to us at:
      • our registered office address above; or
      • our business address at DWM, 2nd Floor, 3-5 St Paul’s Square, Birmingham B3 1QU;
      • by sending us a message using the contact form on our website at dontwastemoney.co.uk/contact/; or
      • by emailing rewards@dontwastemoney.co.uk.
    • If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you placed an order.
    • When we use the words “writing” or “written” in these terms, this includes emails.
  3. Information about the service we provide
    • When we refer to the service or services to be provided by us to you within these terms, we are referring to the provision of an independent service that seeks to find competitive energy tariffs for you depending on your circumstances, before managing:
      • the switching of your existing energy supplier to a new energy supplier;
      • switching your existing energy tariff to a new energy tariff (whether or not both tariffs are provided by the same supplier); and
      • renewing your existing energy tariff, if this represents the best tariff available for you.
    • When placing an order with us, you will be appointing us as your agent and give us permission to act your behalf to create legal relationships with third party energy suppliers, for the supply of energy to your home address.
    • As your agent, we shall have the power to:
      • to select energy suppliers or other service providers for you;
      • switch you to a new energy supplier in your name (including communication on your behalf);
      • switch you to a different tariff provided by your existing energy supplier in your name (including communication on your behalf);
      • to access information held by third parties about you (such as electricity or gas central data service providers and/or smart meter data); and
      • take any other action reasonably required to provide the services to you.
    • When you place an order with us and subject to you providing us with all of the information required, we shall endeavour to provide you with a list of energy tariffs (supplied either by energy suppliers who are different to your existing supplier, or by your existing energy supplier) that offer better value for money than the energy tariff you are currently on. We shall then arrange to switch you to the new energy tariff or tariffs that we have identified, with your consent and you agree that by using our service, by default you will also agree to any terms and conditions of the energy supplier in question.
    • Following the initial term of the tariff which will usually be between 12 to 36 months in duration (the “we shall then use the information that we hold for you to identify whether or not the tariff you are on still represents the best value for money for you and if we are able to identify a better tariff, we shall notify you of this and seek to automatically switch you to that tariff, at that point in time.
    • Unless you seek to terminate the provision of our services (whether during the Initial Term or during a period of 14 days from the date on which we notify you that we intend to switch you to a new tariff) these terms will automatically renew at that time and we shall continue to provide the automatic renewal service to you in each subsequent period following the expiry of your current tariff.
    • Unless you do terminate the provision of our services in accordance with these terms, you agree not to apply independently to any energy supplier for the provision of gas or electricity.
    • The service that we provide to you is totally free of charge (although you will still have to pay the energy supplier for the gas and electricity they provide to you) and the prices that the gas and electricity companies charge if you change through us is the same as if you went to them directly.
    • We make money by providing these companies with customers. They pay us a small amount for each person that changes their gas or electricity supply to them.
    • Please note that whilst we shall always endeavour to find the best deals for you based on regular assessments of the market and the information we hold about your energy usage, nothing within these terms obliges us to:
      • automatically switch you to a new energy supplier or energy tariff;
      • switch you to a new energy supplier or energy tariff on your request, following the Initial Term; or
      • find you the best possible deal available in the marketplace (this is because not all energy tariffs are widely advertised or made available to the general public and energy suppliers may sometimes only make the best deals available to their preferred brokers),

and we cannot guarantee that there isn’t sometimes a better deal that we have been unable to identify.

3.11        We will not switch you during any fixed contract period for a particular tariff. At the end of the fixed tariff period, we will only move you to a different supplier should we be able to make a tangible saving of £60 per annum. If we cannot procure a tariff which provides savings in excess of this threshold, we will keep you with your existing supplier on a new fixed contract, avoiding the more expensive variable tariff that you would otherwise be placed on.

  1. Our contract with you and how to place an order
    • You can place an order with us either in person, over the phone, by post or online through our website. You are responsible for ensuring that all information, content, material or data you provide to us during the order process is correct, complete, accurate and not misleading. You must also disclose all relevant facts, related to the switching of your energy supply, to us when requested.
    • Our acceptance of your order will take place either in person, or when we call, write, or email you to accept it, at which point a contract will come into existence between you and us.
    • If we are unable to accept your order, we will inform you of this either in person or in writing. This might be because an energy supplier is unable to provide gas or electricity to your address, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of a tariff for the supply of gas or electricity or because we are unable to meet a delivery deadline you have specified.
    • Our marketing materials and the information on our website are solely for the promotion of energy tariffs in the UK. Unfortunately, we do not accept orders from and are unable to arrange for the supply of energy to addresses outside the UK.
  2. Tariffs Advertised on our Website or in other Marketing Materials
    • The energy tariffs advertised on our website or in any marketing materials we supply to you are for comparative and illustrative purposes only. Although we make every effort to display up to date energy tariffs, we cannot guarantee that a tariff advertised by us remains available at the time of selection, which is at the discretion of the ultimate energy supplier.
    • Tariffs listed on our website are dependent on the information that you provide to us regarding your energy usage and property, and you are responsible for ensuring that this information is correct. You can find information and tips on how to measure energy usage and save energy on our website, in any marketing material we provide to you, or by contacting us.
  3. Your rights to make changes
    • Once you have placed an initial order and we have accepted that order (or where you have received a notice from us that we intend to automatically switch you to a new tariff following the expiry of the Initial Term) you will receive information either from us or direct from the energy supplier, regarding the energy tariff that you will be switched to.
    • You must check and, if necessary, correct all material, information, content or data held by the energy supplier about you to ensure it is correct, complete, accurate and not misleading and that all relevant facts have been disclosed by you. You must also check that you agree with the energy supplier’s terms and conditions of service.
    • If you wish to make a change to the tariff you have selected (or the tariff that we have selected for you) please contact us with 14 days of placing your order or receiving notice from us that we intend to renew or change your tariff.
    • We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the tariff, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9, Your rights to end the contract).
  4. Our rights to make changes
    • We may change the tariffs advertised by us (whether prior to, or after your selection of a particular tariff):
      • if an energy supplier notifies us that that tariff is no longer available;
      • to reflect changes in relevant laws and regulations; or
      • to reflect updated tariff terms, as notified to us by an energy supplier.
    • We may change these terms of service from time to time at our discretion but will always seek to notify you of any changes to these terms, in writing. If you disagree with any material changes to these terms of service, then you may treat the contract as at an end.
  5. Providing the service
    • We provide our services to you free of charge but receive commission payments from the energy suppliers whose tariffs we advertise, when those tariffs are selected, either by you, or by us as part of the auto-switching service.
    • When you select a particular tariff or we select a tariff for you as part of the auto-switching service, you will be liable to pay the energy supplier the rates notified to you by that energy supplier for that particular tariff, from time to time.
    • During the order process we will let you know when and how we will provide the services to you and the time it will take for you to move to a new energy tariff. We will continue to supply the auto-switching services to you until you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11.
    • If our service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract.
    • You have legal rights if we fail to provide services within a time period promised. If we miss the delivery deadline for any services then you may treat the contract as at an end straight away if any of the following apply:
      • we have refused to provide the services;
      • delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
      • you told us before we accepted your order that delivery within the delivery deadline was essential.
    • If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
    • We may need certain information from you so that we can supply the services to you, for example (but without limitation) your name, the address to which energy is to be supplied, proof of residence and proof of identity, your current energy usage needs and you bank account details. If so, this will have been told to you in person, over the telephone, set out in our marketing materials, on our website or told to you in the course of email exchanges. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 2 will apply). We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
    • We may have to suspend the supply of our services to:
      • deal with technical problems or make minor technical changes;
      • update tariffs to reflect changes in relevant laws and regulatory requirements; and
      • update tariffs as notified to us by an energy supplier.
    • We will contact you in advance to tell you we will be suspending the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a tariff if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days.
  6. Your rights to end the contract
    • Your rights when you end the contract will depend on what energy tariff you are on, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
      • if the tariff you have selected is no longer available or misdescribed you may have a legal right to end the contract see clause 12;
      • if you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
      • if you have just changed your mind about the tariff, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions by the energy supplier;
      • in all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
    • If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately. The reasons are:
      • we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 2);
      • we have told you about an error in the price or description of the tariff you have ordered (or which we have notified you that we intend to switch you to) and you do not wish to proceed;
      • there is a risk that supply of energy may be significantly delayed because of events outside our control;
      • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
      • you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 5).
    • For most services bought over the telephone, online, by post or by exchange of emails you have a legal right to change your mind within 14 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
    • Where you have selected a new tariff or where we have notified you that we intend to change your tariff or renew your existing tariff, you have 14 days after the day we email you to confirm acceptance of an order or to notify you that we are changing or renewing your existing tariff.
    • However, you do not have a right to change your mind in respect of a switch to a different energy supplier if we have arranged for the switch to take place at your explicit request prior to the expiry of the 14 day period, even if the 14 day period is still running.
    • Even if we are not at fault and you do not have a right to change your mind (see clause 5), you can still end the contract before or after the switch to a different tariff is completed. However, you may be liable to pay the energy supplier’s cancellation charges up to the point at which you chose to end the contract.
  7. How to end the contract with us (including if you have changed your mind)
    • To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on 0121 827 7961 or email us at rewards@dontwastemoney.co.uk. Please provide details of what tariff you have selected, when you ordered or received it and your name and address.
      • Online. Complete the form https://www.dontwastemoney.co.uk/contact/ on our website.
      • By post. Complete the form provided to you in person (also available online to print off at Dontwastemoney.co.uk) and post it to us at the address on the form. Or simply write to us at Dontwastemoney.co.uk, 2nd Floor, 3-5 St Paul’s Square, Birmingham B3 1QU including details of what tariff you selected, when you ordered or received it and your name and address.
    • If you choose to cancel at any time after the cooling off period, the energy supplier may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  8. Our rights to end the contract
    • We may end the contract for a product at any time by writing to you if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
    • We may write to you to let you know that we are going to stop providing the services to you. We will let you know at least 14 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
  9. If there is a problem with the Services
    • If you have any questions or complaints about our service, please contact us. You can telephone our customer service team on 0121 827 7961 or email us at rewards@dontwastemoney.co.uk. Please provide details of what tariff you have selected, when you ordered or received it and your name and address.
    • We are under a legal duty to supply services that are in conformity with this contract. See the paragraph below for a summary of your key legal rights in relation to the services we provide. Nothing in these terms will affect your legal rights.
    • This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. For the supply of services, the Consumer Rights Act 2015 says:
      • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back (if you have suffered any loss) if we can’t fix it;
      • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable;
      • if you haven’t agreed a time beforehand, it must be carried out within a reasonable time; and
      • you have a right to cancel in accordance with clause 8.3.
  1. Price and payment
    • It is always possible that, despite our best efforts, some of the tariffs we advertise or recommend to you may be incorrectly priced. We will normally check prices before accepting your order (or automatically renewing an order) so that, where the correct tariff price at your order date is less than our stated price at your order date, you will be charged the lower amount by the energy supplier. If the correct tariff price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order or renew or change your tariff. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, you may end the contract with us and may be entitled to a refund of any sums you have paid or are liable to pay the energy supplier in order to cancel that tariff.
    • We do not otherwise guarantee that the data, material and information we use to provide the service is always accurate and without error.
    • We do not monitor, verify or endorse data, material and information submitted or provided by third party energy suppliers, which is used to provide our service and you should be aware that such information may be inaccurate, incomplete or out of date. We are not responsible for any data, material or information used to provide our service, which has been provided by third party energy suppliers.
  2. Our responsibility for loss or damage suffered by you
    • We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services, including the right to receive services which are as described and supplied with reasonable skill and care.
    • We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • We are not responsible or liable for any loss or damage you may suffer or incur in connection with any contract entered into by you or the terms and conditions (even where we have acted on your behalf to sign up to the contract) with any third party energy supplier in relation to any product or service or for any acts, omissions, errors or defaults of any third party energy supplier in connection with those terms and conditions.
    • We exercise all reasonable skill and care to ensure that our website is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our website (including the downloading of any content from it) or any other site referred to on our website , and nor do we warrant or represent that the website will be available at all times.
    • We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our website resulting from external causes including, but not limited to, internet service provider equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    • Any and all links to third party websites on our website, or in our communications with you, are provided solely for your convenience and interest. We are not responsible for the content of any third-party websites and do not verify the accuracy or reliability of any information published on any third party websites. In particular, we do not endorse any product or service or promote any opinion, view or advice provided on any such third-party websites.
  3. How we may use your personal information

15.1        We will only use the personal information you provide to us to:

  • provide the services; and
  • if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these communications at any time by contacting us.

15.2        We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.

15.3        We will only give your personal information to other third parties where the law either requires or allows us to do so.

  1. Other important terms
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 of us telling you about it and we will refund you any payments you have made in advance for services not provided.
    • You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    • This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
    • These terms are governed by English law and you can bring legal proceedings in respect of the services provided in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
    • Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Energy Ombudsman via their website at www.ombudsman-services.org who will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
  • Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To: The Energy Comparison Service Limited, 47 Kenyon Street, Birmingham B3 1UR

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following service:

Order Number (if available):

Ordered on date:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

 

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